those that have been are
affirmed. The reversal comes a long time after and does not hurt his
feelings. In any event, he was trying to do the best he could and
human nature may be fallible, although, as far as he can see, the
whole world of the little court-room where he sits has conspired to
show him that he is divinely endowed.
His position is not exactly one of bluff, but he is the central figure
of the stage; like the actor's profession the judge's job makes him an
egotist. Take for example the essential elements of his knowledge of
the law. He is the _Jus Dicens_, the one saying the law, the name of
judge being derived from the two Latin words. He is supposed to know
the law, at least he ought to know court procedure, and the law of his
State thereon by heart. In New York State, for example, the Code of
Civil Procedure is five hundred thousand words long. He is bound to
take judicial notice without being told of all the statutes of the
State Legislature, which are being passed at the rate of six hundred a
year.
He is also supposed to know the laws of the United States passed at
Washington, and to be thoroughly familiar with the latest decisions of
the Supreme Courts of the United States, and those for the past 125
years. He must understand and look as though he knew beforehand any
decision of the courts of his own State cited, which are conveniently
and neatly printed in 219 New York Court of Appeals Reports, 173
volumes of the Appellate Division Reports, and 96 volumes of the
Miscellaneous Reports, to say nothing of the opinions and decisions of
other courts that are not printed at all. His knowledge of the law is
a fearful and wonderful thing; he must have an oceanic mind.
It is told that one of the leaders of the bar had formerly a young man
in his office who with advancing years and reputation was elected to
the bench. Before the first of January when he was to take his oath of
office, the old employer and friend sent for him. When he arrived he
was greeted as follows: "Joe, I've sent for you because I wanted to
see you before you become a judge. I am very fond of you and I wanted
to see you once again as you were, because after you go on the bench
you are bound to become a stuffed shirt, for they all do."
That so many escape is one of the wonders of human nature. That they
retain their humanity is due to a disposition of Providence to temper
the wind to the shorn lamb. The position necessarily takes a
|